I beg to differ. You'd need to cite some serious case law to convince me otherwise. US and Australian; related to:
1) Does the developer of SW automatically inherit any rights over video recordings of use of said SW?
I assume not. TFP does too - they're demanding for those rights in their EULA, they wouldn't if they didn't need to.
2) IS that EULA-derived transfer of rights enforceable in Australia and USA?
I haven't ran into any case law that would establish that for this case.
3) Even if the EULA-transfer of rights stands, is it still Fair Use to slap your own face on it and make content; the content with commentary is completely different from the SW recording itself.
It might well be, it is quite transformative in the legal sense (the standard for that isn't as high as people think)
I think those are the easiest to understand "soft spots" in this particular case; and I honestly don't know if these have been ruled on by relevant courts... if you got court links, I'd be happy to see